HomeMy WebLinkAbout2004-04-06; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: APRIL 6,2004
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular Meeting)
City Council Chambers
CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Finnila led the Pledge of Allegiance.
APPROVAL OF MINUTES:
Mayor Pro Tem Finnila said she would abstain from approval of the minutes of the
Special Meeting held March 18, 2004 due to her absence from that meeting.
On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held March 9, 2004.
Minutes of the Regular Meeting held March 9, 2004.
Minutes of the Regular Meeting held March 16, 2004.
Minutes of the Special Meeting held March 17, 2004.
Minutes of the Special Meeting held March 18, 2004. (Finnila - Abstain)
PRESENTATIONS:
Michelle Masterson, Management Analyst introduced this year’s seven Peer Award
Recipients. The recipients were as follows: Jean Dumont from Finance, Barbara
Nedros from Community Development, Angel Reyes from Public Works, Scott Donnell
from Planning, Robin Mushi from Building, Cathy Gary from Housing and
Redevelopment and Debbie Porter from Human Resources. Council presented
Proclamations to each recipient.
April 6,2004 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
Item No. 6 was pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #I through #5 and #7 through #12,
as follows:
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting .
1. AB #17,563 - ACCEPTANCE OF GRANT FROM WESTERN STATES ARTS
FEDERATION (WESTAF).
Council adopted RESOLUTION NO. 2004-097, accepting a TourWest Grant
from Western States Arts Federation.
2. AB #17,564 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2004-098, accepting a donation from the
17'h Annual KoKo Beach Golf Tournament in support of the Carlsbad Senior
Center.
3. AB #17,565 -ACCEPTANCE OF DONATIONS.
Council adopted RESOLUTION NO. 2004-099, accepting donations from Mrs.
Julie Ritter, United Way, and an anonymous donor in support of the Carlsbad
Senior Center.
4. AB #17,566 -APPROVAL OF FUNDS FOR THE COASTAL RAIL TRAIL -
PROJECT NO. 3455.
Council adopted RESOLUTION NO. 2004-1 00, authorizing the appropriation of
additional funds for the Coastal Rail Trail.
5. AB #17,567 - DECLARATION OF PUBLIC NUISANCES IN CONJUNCTION WITH
THE CITY OF CARLSBAD WEED ABATEMENT PROGRAM.
Council adopted RESOLUTION NO. 2004-101, declaring weeds, rubbish and
refuse upon private property in the City of Carlsbad to be public nuisances, and
setting the matter for public hearing on April 20, 2004.
6. AB #17,568 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC
SIGNAL AT CARLSBAD VILLAGE DRIVE AND GLASGOW DRIVE - PROJECT
NO. 3917-1.
This item was pulled for discussion.
April 6, 2004 Carlsbad City Council Meeting Page 3
7. AB #17,569 - GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC
COMPANY OVER A PORTION OF APN 209-050-26.
Council adopted RESOLUTION NO. 2004-1 03, granting an easement for public
utility purposes to San Diego Gas and Electric Company over a portion of APN
209-050-26.
8. AB #17.570 - SUNNYHILL DRIVE DRAINAGE IMPROVEMENTS - PROJECT NO.
3839.
Council adopted RESOLUTION NO. 2004-1 04, accepting the construction of
Sunnyhill Drive Drainage Improvements as complete, and authorizing the City
Clerk to record the Notice of Completion and release bonds.
9. AB #17,571 - FINAL MAP FOR THOMPSONRABATA SUBDIVISION - CARLSBAD
TRACT (CT) 98-14-2, AND SALE OF LAND ADJACENT TO ROSE DRIVE AND
PORTIONS OF SLOPE EASEMENTS.
Council adopted RESOLUTION NO. 2004-105, approving the final map for
Thompsonflabata subdivision, authorizing the abandonment of portions of slope
easements, and authorizing the map to be recorded; and
Council adopted RESOLUTION NO. 2004-106, approving the sale of the
remnant portion of land adjacent to Rose Drive and portions of slope easements;
authorizing the abandonment of the slope easements and authorizing the
quitclaim deed to be executed.
IO.
11.
12.
AB #17,572 -AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
CONSTRUCTION OF LARWIN PARK - PROJECT 38561.
Council adopted RESOLUTION NO. 2004-107, approving plans and
specifications and authorizing the City Clerk to advertise for bids for the
construction of Larwin Park, appropriating additional funds for the project, and
formally adopting “Hidden Canyon Community Park” as the official park name.
AB #17,573 - REQUEST FOR OUT-OF-STATE TRAVEL.
Council adopted RESOLUTION NO. 2004-1 08, approving out-of-state travel for
the Police Department’s Support Operations Commander and the Systems
Analyst Ill to conduct a technology based site visit to Manchester, New
Hampshire, during May 2004.
AB #17,577 - REPORT ON SETTLEMENT - P&D CONSULTANTS, INC. V CITY
OF CARLSBAD.
Council approved the reporting of the terms and conditions of the settlement as
required by the Brown Act in the case of P&D Consultants, Inc. v City of
Carlsbad.
DISCUSSION OF CONSENT CALENDAR ITEMS:
6. AB #I 7,568 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR A TRAFFIC
SIGNAL AT CARLSBAD VILLAGE DRIVE AND GLASGOW DRIVE - PROJECT
NO. 3917-1.
April 6,2004 Carlsbad City Council Meeting Page 4
Council Member Hall commented that the placement of this signal will ease the flow of
traffic in the Northeast Quadrant of the City.
ACTION: On a motion by Council Member Hall, Council adopted
RESOLUTION NO. 2004-1 02, approving plans and specifications
and authorizing the City Clerk to advertise for the construction of
the Carlsbad Village Drive and Glasgow Drive traffic signal.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
PUBLIC COMMENTS:
Melinda Bitney, General Manager of Adelphia Communications, 5720 El Camino Real,
Carlsbad came forward to give Council a brief update on the latest technology at
Adelphia Communications. She reported that Adelphia expects to launch their High
Definition Television product by May 3, 2004.
Ms. Bitney also reported that Adelphia is also working on a Technical Fulfillment
Initiative in order to provide “one-stop shopping” for their customers, improvements in
their high-speed data product, give customers the ability to communicate more easily
with Adelphia regarding high speed data, and secure network reliability.
PUBLIC HEARINGS
13. AB #17,578 - INCREASE OF FEES FOR SEWER BENEFIT AREA H.
Bill Plummer, Deputy City Engineer presented the staff report and reviewed a Power
Point presentation (on file in the City Clerk’s Office). Mr. Plummer gave a brief
background of the benefit areas and described the location.
In response to inquiry from Council Member Hall, Mr. Plummer confirmed that the
proposed increase will only apply to sewer connection fees, and not to a monthly
service rates.
Mayor Lewis opened the duly noticed public hearing at 6:25 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:25 p.m.
ACTION: On a motion by Mayor Pro Tern Finnila, Council adopted
ORDINANCE NO. NS-699, adding Section 13.10.080 to the
Carlsbad Municipal Code to increase fees in Sewer Benefit Area H.
- AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
April 6,2004 Carlsbad City Council Meeting Page 5
14.AB #17,574 - 2004 FIVE-YEAR REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM (RTIP).
Carrie Loya-Smalley, Sr. Civil Engineer presented the staff report and reviewed a
Power Point presentation (on file in the City Clerk’s Office). Ms. Loya-Smalley reviewed
local City projects and projected funding sources, and hi-lighted the Transnet and RTIP
funded projects and their anticipated completion dates.
Mayor Lewis opened the duly noticed public hearing at 6:34 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
6:34 p.m.
Mayor Pro Tem Finnila explained that the 20 year tax, which was passed by the voters
in 1987, will expire in 2008. She explained that if the extension of the tax passes, it will
become a 40 year tax of K cents and the money will be used to fund transit, highways
and regional arterials. Ms. Finnila stated that a 2/3 vote is required to pass this tax
extension, and that the measure will be on the November ballot.
Council Member Kulchin asked the Planning Director to explain the total developer
impact fees per unit, that are currently charged by the City of Carlsbad.
Michael Holzmiller, Planning Director stated that Carlsbad’s fees are approximately
$25,000 per unit.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-1 09, approving the 2004 Five-Year
Regional Transportation Improvement Program for fiscal years
2 004/05 through 2 0 08/0 9.
- AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
15.AB #17,575 - FARMWORKER HOUSING - ZCA 04-01/LCPA 04-01.
Michael Holzmiller, Planning Director presented staff report and reviewed a Power Point
presentation (on file in the City Clerk’s Office). He explained the Zone Code
Amendment would allow consideration of placement of farm worker housing by
Conditional Use Permit (CUP), would comply with State law regarding addressing
special needs populations, and would require Coastal Commission approval.
Mayor Lewis expressed concern regarding allowing this type of housing in residential
areas. Mayor Lewis asked that since this housing will only be used by farm workers
during a portion of the year, could it be used the remainder of the year as a homeless
facility? He also inquired if Coastal Commission approval would be needed for the
project.
April 6,2004 Carlsbad City Council Meeting Page 6
Mr. Holzmiller responded that Coastal Commission approval would be required, and
that the ability for year round use would depend on the site that is selected and the
conditions of the Conditional Use Permit.
Mr. Holzmiller responded that the uses would be dependent on the Conditional Use
Permit.
Council Member Hall asked if the City would have ability to differentiate who could use
the facility (Le. farm workers versus working homeless).
City Attorney, Ron Ball stated that the distinction would be made by the provisions
stated in the Conditional Use Permit.
Mayor Lewis opened the duly noticed public hearing at 655 p.m. and asked if anyone
would like to speak.
Doug Dubois, 5086 Lynch Court, Carlsbad voiced his concerns regarding subsidizing
the farm worker housing project. Mr. Dubois stated that he feels that the purchase of
open space would be a better use of City money. Mr. Dubois also voiced his concerns
regarding the possible locations for the farm worker housing.
Mayor Pro Tem Finnila clarified that the City is willing to participate as a partner in the
project, and that funding would come from other sources, such as state and federal
grants would beonly helping this project along.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
658 p.m.
Council Member Kulchin asked staff to come forward and give a brief explanation of
current City programs for low income housing populations.
Debbie Fountain, Housing and Redevelopment Director gave background of affordable
housing throughout the City. Ms. Fountain explained the lnculsionary Housing
Ordinance and the variety of programs that the City offers to assist the senior, disabled
and low-income populations.
Ms. Fountain also explained that the farm workers are considered a “special needs
population” within the housing element and that state law requires the City to address
special needs populations.
Council Member Hall inquired about types of funding that could be used for farm worker
housing.
Ms. Fountain responded that CDBG funding could be used for farm worker housing.
Ms. Fountain also stated that the other possible funding sources might include the City
Housing Trust Fund as well as State and Federal Grants, for which the farm worker
housing would be eligible.
Council Member Hall asked if the Agricultural Mitigation fee funds could be used to fund
the farm worker housing.
April 6,2004 Carlsbad City Council Meeting Page 7
Mr. Holzmiller stated that the present wording in the City’s Local Coastal Program
allows the use of funds for agricultural improvements. Mr. Holzmiller stated that staff
believes that could include farm worker housing. He noted that staff is currently
preparing an analysis of uses for agricultural mitigation funds.
Mayor Pro Tem Finnila asked if the project would provide temporary or permanent farm
worker housing, and for clarification of the number of beds.
Mr. Holzmiller responded that according to the feasibility study the farm worker housing
would be temporary, and would provide 64 beds.
Mayor Lewis asked if the term of the Conditional Use Permit for the project would be for
five years.
Mr. Holzmiller confirmed that the present policy is that Conditional Use Permits are
generally issued for 5 years.
Mayor Lewis stated that he would prefer that the CUP for this type of project be
reviewed every 2 years, and expressed concerns regarding the locations for the
housing.
Council Member Packard asked staff what impact eliminating the residential areas, as
permitted locations, would have on the proposed Ordinance.
Mr. Holzmiller responded that this zone code amendment was set up to ensure
compliance with state law. Mr. Holzmiller stated that if Council wanted to restrict use to
non-residential zones, he believed that the City still would have adequate sites available
to still be in compliance with state law.
Council concurred that final review and decisions of CUP applications for farm worker
housing should be made by the City Council.
Council concurred that residential zones should be eliminated as potential locations of
farm worker housing.
City Attorney, Ron Ball explained the current review periods and terms for Conditional
Use Permits, and added that the adjective “temporary” should be put back into the
Resolution wording before farm worker housing.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-1 IO, adopting a Negative Declaration and
approving the Local Coastal Program Amendment (LCPA 04-01)
based on the findings contained therein, and
Introduced ORDINANCE NO. NS-702, approving the Zone Code
Amendment as amended, as contained in Item Nos. 1 and 3 in the
Planning Director’s Memorandum, dated April 6, 2004, (Copy on
file in the City Clerk’s Office), and to add the word “temporary” to
Section 21.42.010(2)(M); and
April 6,2004 Carlsbad City Council Meeting Page 8
Directed staff to review and revise “the permitted uses” section of
the Zone Code.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
ADJOURNMENT TO SPECIAL MEETING OF THE MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Special Meeting of the Municipal Water District Meeting
at 7:31 p.m. with all members present.
RECONVENE CITY COUNCIL MEETING
Mayor Lewis adjourned to the remainder of the City Council Meeting at 7:32 p.m. with
all members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
16. AB #17,576 -ARTS COMMISSION APPOINTMENTS.
ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO.
2004-1 11 , RESOLUTION NO. 2004-1 12, and RESOLUTION NO.
2004-1 13, appointing Ron Juncal, Barbara lserloth, and Kelvin
Okamoto to the Carlsbad Arts Commission.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard.
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
ANNOUNCEMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of April 6, 2004 was adjourned at 7:34 p.m. n
M. WOOD, CMC
Sheila Cobian
Minutes Clerk